Court dismisses suit over judges' pay

Commonwealth Court has dismissed a lawsuit brought by political activist Gene Stilp that sought to stop the Com­monwealth of Pennsylvania from using a federal formula to set automatic cost-of-living raises for judges.

In a nine-page decision written by Senior Commonwealth Court Judge James R. Kelley, the court found that although Commonwealth Court has ju­risdiction over lawsuits against state entities, including the Supreme Court, Chief Justice Ralph J. Cappy should not have been individually named in the lawsuit and that the Public Of­ficial Compensation Law dic­tated that the state treasurer is­sue checks for the raises.

In his opinion, Kelley point­ed out that the Legislature re­cently amended the Judicial Code to provide the cost-of-living adjustment for judges.

"Our concern was about making sure that the judges were not connected in any fashion to a federal formula," Stilp said in a telephone interview.

"Whether it's done by the court or the Legislature, it's fine by me," Stilp said.

A lawsuit Stilp filed last year led the state Supreme Court to declare lawmakers' midterm pay raises unconstitutional. But he lost an effort to have the legislative procedures that were used to pass the law also ruled unconstitutional.

The law giving pay raises to judges, legislators and high-ranking executive-branch offi­cials passed in July 2005 but was repealed four months later amid public opposition. The Supreme Court restored the pay raises for its members and about 1,000 other judges.

Stilp, of Middle Paxton Twp., lost the Democratic primary for lieutenant governor in May.

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